A Good Lickin'
Podcast - Part II: The Do’s and Don’ts of Demonstratives
Podcast - Part I - The Do’s and Don’ts of Demonstratives
Podcast - How Do You Define Success?
Podcast - Seek Out Feedback
Podcast - Part I: Being an Expert Is a Lonely Business
Podcast - Finding Common Ground
Law School Toolbox Podcast Episode 504: Listen and Learn -- Motions for Judgment as a Matter of Law and Motions for New Trial (Civ Pro)
Podcast - "Ready for Trial?"
Podcast - Every Case Is a New World
Podcast - The 3 Core Themes of Trial Law: Do the Right Thing
Podcast - How Did We Get Here?
Podcast - Parting Thoughts: Be a "Peddler of Common Sense"
Against All Odds- Part Four
Podcast - Expert Witnesses, Special Issues
Podcast - Direct Examination of Expert Witnesses
Podcast - Drowning in Complexity
Podcast: Part I - Reading the Jury
Podcast - How to Use Humor and Anger Effectively in the Courtroom
Preparing for Deposition Success
The US Court of Appeals for the Federal Circuit reversed a district court’s denial of a motion for judgment as a matter of law (JMOL) of noninfringement, finding that the jury’s infringement findings were unsupported by...more
A California Superior Court recently saw its decision reversed on appeal to the California Court of Appeal over several improper evidentiary rulings in Sabrena Odom v. Los Angeles Community College District, et al., (2025)...more
U.S. Eleventh Circuit Court of Appeals - Mullin v. Sec’y Vet Affairs - disability discrimination, unlawful disclosure - USA v. Tovar - child sex trafficking, evidence, closing argument - Caterpillar v. Venequip -...more
Sivak v. Chrzanowski, 2025 WL 366090 (N.J. Super. Ct. App. Div. Feb. 3, 2025) - On appeal, the Superior Court of New Jersey, Appellate Division affirmed a trial court’s order denying the plaintiff’s motion for a new trial,...more
In Universal Property & Casualty Insurance Co. v. Naze, No. 4D2024-0098 (Fla. 4th DCA June 4, 2025), the Fourth District Court of Appeal reversed a jury verdict in favor of the insured, holding that the trial court improperly...more
U.S. Eleventh Circuit Court of Appeals - Prime P&C v. Kepali Grp - insurance coverage, vehicle, after-acquired - State Farm v. LaRocca - Fla Health Care Clinic Act, wholly owned exception, certified question - Top...more
I remember listening to Justice Frank Cleckley of the West Virginia Supreme Court of Appeals, my professor for Evidence, open his first lecture with a discussion of Federal Rule of Evidence 103. As a young law student, I was...more
Conflicting expert testimony constituted substantial evidence supporting the jury’s rejection of a reverse doctrine of equivalents argument....more
The Washington Court of Appeals recently affirmed a jury verdict and $30 million judgment for general contractor Skanska. The case involves the construction of the 41-story Nexus condominium tower in downtown Seattle. As is...more
What's the difference? There are three main ways for a defendant to bring a lawsuit to an end. Each involves a different level of proof – and of expense and hassle. It's better to get a lawsuit “disposed of” as early as...more
The Second Circuit Court of Appeals has once again revived Sarah Palin’s longstanding defamation suit against The New York Times. The Second Circuit’s opinion highlights important procedural and substantive issues in...more
U.S. Eleventh Circuit Court of Appeals - N Am Sugar v. Xinjiang Goldwind - personal jurisdiction - Stalley v. Lake CI Warden - § 1983, deliberate indifference...more
In State v. Richardson, 272A14, filed 1 September 2023, the Supreme Court of North Carolina reviewed the conviction and sentencing of the defendant. The evidence indicated the gruesome and protracted abuse of a child that...more
Those of a certain age will recall “The Perils of Pauline,” but a recent Florida appellate decision demonstrates that the “failure to facilitate a meeting of the minds on a pretrial argument is perilous.” Jones v. Blue Ridge...more
Resolving an issue not previously decided by Massachusetts appellate courts, the Massachusetts Appeals Court ruled that a landowner is not entitled to a jury trial on a regulatory taking claim....more
On March 24, 2017, the U.S. Court of Appeals for the Ninth Circuit ruled that the term “red gold” may not be a generic term for jewelry and watches, and thus, may serve as a trademark. Specifically, the Ninth Circuit found...more
As a general rule, injuries that are shared in common with the general public are not compensable under Ohio eminent domain law. Ohio’s 4th District Court of Appeals recently ruled that the question of whether an injury is...more
A franchisor is allowed to make "financial performance representations" in its disclosure documents. These figures may project how much money a franchisee is likely to make and can play a critical part in the franchisor's...more
In June, the Colorado Supreme Court held oral argument in a case that is set to shape the way condemnation actions will be tried to commissions in the future. In Colorado, a landowner has the right to choose whether a jury or...more
Jury trials are supposed to be a forum within which the parties, represented by competent, professional and zealous counsel, present their positions in a coherent, thoughtful and respectful manner to their fact-finding peers....more